Superior Court

Where a defendant charged with two counts of rape of a child with force and two counts of indecent assault and battery on a child under 14 has moved to dismiss the indictments, the motion should be allowed given the fact that the defendant has repeatedly been found incompetent to stand trial.

Where a defendant charged with possession of child pornography has moved to suppress all evidence that the police seized from a computer hard drive that he turned over to Excalibur Data Recovery, Inc. for repair, the police did not act unlawfully and consequently the motion must be denied.

Where an order of impoundment was entered in connection with affidavits in support of seven search warrants for the premises and bank accounts of the plaintiffs, the impoundment order should be terminated on the motion of the plaintiffs.

Where a plaintiff newspaper has moved for a preliminary injunction seeking the disclosure of names and other identifying information of public employees redacted from “separation, severance or settlement agreements between the public employees and the named defendants,” the plaintiff has not demonstrated that a preliminary injunction is appropriate.

Where the city of New Bedford has charged a defendant subcontractor with using caulking and other materials containing PCBs to weatherproof the windows at New Bedford High School in 1972, the claims are barred by the six-year statute of repose.

Where an arbitrator concluded that a union’s grievance, concerning a town’s revision of minimum staffing requirements for its police department so as to reduce the need for overtime, was not arbitrable because shift staffing decisions are the town’s prerogative and cannot be bargained away, the award should be confirmed based on the union’s inability to demonstrate that the award is invalid under G.L.c. 150, §11.

Where a plaintiff, alleging that the defendant, her ex-husband, unlawfully intercepted and disclosed private electronic communications she sent on a family computer when the two resided together, has asserted claims under the Massachusetts Wiretap Act and the Massachusetts privacy Act, the claims are barred by (1) the three-year statute of limitations, a release of liability signed by the plaintiff in 1993 and (3) the “litigation privilege.”

Where the Civil Service Commission ordered the Boston Police Department to place one individual at the top of the next certification list to be a police officer, the commission’s order was based on substantial evidence and should therefore be affirmed.

Where a defendant condominium unit owner denied access to the plaintiff trustees who were seeking to correct a dangerous fireplace condition, the defendant’s conduct was unreasonable and thus the trustees should be granted compensatory and injunctive relief.

Where plaintiff insurance companies have alleged insurance fraud on the part of the defendant, his chiropractic clinics, employees and the billing arm of the clinics, summary judgment should enter for the insurers based on evidence that the defendants used runners to refer patients to the clinics for unnecessary treatment.